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13-246 - STEWART v. PA. DEPT. OF CORRECTIONS et al


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13-246 - STEWART v. PA. DEPT. OF CORRECTIONS et al
November 10, 2014
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REPORT AND RECOMMENDATION recommending that the Motion to Dismiss filed by the DOC Defendants (ECF No. 38) be granted in part and denied in part; that the Motion to Dismiss filed by Corizon Health Care, Inc., Mandy Corman, and Maria Leahy (ECF No. 40) be granted in part and denied in part; and that the Motion to Dismiss filed by Defendants Muhammad Naji, M.D., and Maria Leahy, P.A. (ECF No. 42) be denied. Objections to R&R due by 11/28/2014. Signed by Magistrate Judge Cynthia Reed Eddy on 11/10/2014. (bsc) Modified on 11/12/2014. (cel)
December 15, 2014
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ORDER granting in part and denying in part 38 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 40 Motion to Dismiss for Failure to State a Claim; denying 42 Motion to Dismiss. It is further Ordered that Defendants Glunt, Younkin, Corizon Health, Inc., and Rich Hallworth are dismissed from the case, leaving only Defendants Branto, Corman, Leahy, Naji and John Doe, a Physician Assistant (who remains unidentified and unserved). It is further Ordered that the Report and Recommendation (ECF No. 51) dated 11/10/2014, as supplemented by this Order, is Adopted as the Opinion of the Court. It is further Ordered that Defendants Branto, Corman, Leahy, Naji shall file their responsive pleading(s) in accordance with Federal Rule of Civil Procedure 12(a)(4)(A), and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 12/15/2014. (dlg)
February 9, 2016
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REPORT AND RECOMMENDATION re 95 MOTION for Summary Judgment filed by MARIA LEAHY, MANDY CORMAN, 91 MOTION for Summary Judgment filed by MUHAMMOD NAJI, 87 MOTION for Summary Judgment filed by RICH CLARK, MARVIN BRANTO recommending that Defendants' 87, 91 and 95 motions for summary judgment be granted. Objections to R&R due by 2/26/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 2/9/2016. (ajt)
March 15, 2016
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he District Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/15/2016. (dlg)MEMORANDUM ORDER - IT IS HEREBY ORDERED that Defendants Marvin Branton and Rich Clark's motion for summary judgment [ECF No. 87] is granted; that Defendant Muhammad Naji's motion for summary judgment [ECF No. 91] is granted; and that Defendants Mandy Corman and Maria Leahy's motion for summary judgment [ECF No. 95] is granted. IT IS FURTHER ORDERED that to the extent Plaintiff seeks to maintain a claim against the unidentified John Doe Physician Assistant, said party is dismissed pursuant to Federal Rule of Civil Procedure 21, as Plaintiff has had an opportunity to discovery this party's identity and has failed to do so. See Blakeslee v. Clinton Cnty., 336 Fed. App'x 248, 250 (3d Cir. 2009) ("If reasonable discovery does not unveil the proper identities,... John Doe defendants must be dismissed."); IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Cynthia Reed Eddy [ECF No. 124] is hereby adopted as the Opinion of t